The purpose of this article is to impose a tax on the sale of
cannabis or cannabis products by licensed commercial cannabis businesses
operating in the Township of Shamong pursuant to the New Jersey Cannabis
Regulatory, Enforcement Assistance and Marketplace Modernization Act, to specify the type of tax and rate of tax to be levied
and the method of collection, and to comply with all requirements
for the imposition of a transfer or user tax pursuant to state law.
This article is enacted solely to raise revenue and not for regulation.
This article does not authorize the conduct of any business or activity
in the Township of Shamong, but provides for the taxation of such
businesses or activities as they occur.
As used in this article, the following terms shall have the
meanings indicated:
CANNABIS
This term shall have the same meaning as provided under N.J.S.A.
24:6I-33.
CANNABIS CULTIVATOR
A facility involved in the growing and cultivating of cannabis,
and which has been duly issued a Class 1 Cannabis Cultivator license
by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
CANNABIS MANUFACTURER
A facility involved in the manufacturing, preparation and
packaging of cannabis items, and which has been duly issued a Class
2 Cannabis Manufacturer license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
CANNABIS RETAILER
Any person or entity that purchases or otherwise obtains
cannabis or cannabis items from cannabis cultivators, manufacturers
or wholesalers, and sells these to consumers from a retail store,
and/or may use a cannabis delivery service or a certified cannabis
handler for the off-premises delivery of cannabis items and related
supplies to consumers and which has been duly issued a Class 5 Cannabis
Retailer license by the New Jersey Cannabis Regulatory Commission,
or its successor agency.
CANNABIS WHOLESALER
A facility involved in obtaining and selling cannabis items
for later resale by other licensees, and which has been duly issued
a Class 3 Cannabis Wholesaler license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
The Township of Shamong hereby imposes and shall collect certain
local option taxes on cannabis business activity as follows:
A. A municipal transfer tax is hereby imposed on the receipts of each
sale by a licensed cannabis business operating in the Township of
Shamong at the rate of 2% of the receipts from each sale by a cannabis
cultivator, 2% of the receipts from each sale by a cannabis manufacturer,
1% of the receipts from each sale by a cannabis wholesaler, and 2%
of the receipts from each sale by a cannabis retailer.
B. A municipal user tax is hereby imposed, at the equivalent transfer
tax rates, on any concurrent license holder operating more than one
cannabis establishment. The user tax shall be imposed on the value
of each transfer or use of cannabis or cannabis items not otherwise
subject to the transfer tax imposed pursuant to this section, from
the license holder's establishment that is located in the municipality
to any of the other license holder's establishments, whether
located in the municipality or another municipality.
All revenues collected pursuant to this article shall be remitted
to the Chief Financial Officer of the Township of Shamong in the manner
provided by this article. The taxes imposed by this article shall
be computed and paid for each calendar month. Said taxes are due and
payable to the Chief Financial Officer on or before the 20th day of
the succeeding month.